Student Loan Certification Discharge: Ability to Benefit

academic lettersIf your school falsely certified your eligibility for federal aid, you may be able to discharge your student loan via the federal student loan false certification cancellation process. One category of false certification is Ability to Benefit (ATB). We will discuss the other categories in future blogs, so please check back.

ATB occurs when the school fails to make sure that you could benefit from an educational program. If you applied for federal student aid prior to July 1, 2012, and if you did not have a high school diploma or G.E.D. when you applied for college, you should have been given an “ability to benefit” exam by the school. If no exam was given, an improper exam was given, or there were problems with the way the exam was administered, you may be eligible to have your student loan discharged. As of July 1, 2012, borrowers without high school diplomas or G.E.D.s are no longer eligible for federal student aid.

Below are a few examples of ATB falsification:

  • An independent test administrator was required, but not present during the testing
  • The student was allowed to take the test more often than allowed
  • The student was permitted to retake the exam earlier than the minimum prescribed waiting period
  • The school allotted more time than allowed to take the test
  • Answers to the questions were supplied to the student or the students were allowed to discuss the answers among themselves
  • The school gave a passing score to a student who did not meet the minimum standards
  • The exam was not approved by the Department of Education

If you believe you may qualify for an ATB false certification discharge, let us help. We can assist you with completing the application for your discharge, including collecting as much evidence as possible to support your eligibility to have your student loan cancelled.

There is no deadline to apply for these discharges, but the quicker you take action, the sooner you may have your student loan debt cancelled.

Please keep in mind that every matter is different. If you have questions about your student loan debt and you would like to schedule a no-cost consultation to discuss your options, please contact our office by completing the form on this website or calling us at (954) 280-5066.

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